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Bhavsar v General Dental Council (06.05.15)

The High Court quashed a decision of a GDC PCC on the basis that it was unjust owing to serious procedural irregularity. In its determination, the PCC wrongly found that B had accepted that clinical and record-keeping failings amounted to misconduct (B had only accepted the failings themselves). B challenged this finding at the conclusion of the hearing, but the PCC declined to correct it. The High Court found that when a disciplinary committee was faced with a respondent who admitted that his conduct amounted to misconduct, that was bound to colour the way the committee viewed the rest of the evidence. Accordingly, it was not possible simply to remove the incorrect finding from the PCC's determination, and the decision should be quashed. Further procedural irregularities included the fact that the PCC had (a) found that there was no evidence of audits, when in fact such evidence had been submitted, and (b) adopted the GDC's recommendation regarding sanction notwithstanding that it had not heard B's evidence regarding remediation.

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